Cal. Code Regs. tit. 15 § 3076.2

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3076.2 - Referral Based on a Law Enforcement, Prosecutorial, or Judicial Referral

(a) No more than 10 business days after receiving a request from the head of a law enforcement agency, head of a prosecutorial agency, or judicial officer asking that the Secretary consider referring an incarcerated person to a sentencing court pursuant to subdivision (a)(1) of Section 1170.03 of the Penal Code, the Classification Services Unit shall forward a copy of the request to the District Attorney of the county that prosecuted the incarcerated person resulting in their current incarceration in state prison for consideration pursuant to the District Attorney's independent authority to initiate such a referral.

(b) If the District Attorney elects not to refer the incarcerated person for recall and resentencing or the District Attorney does not respond with a decision to the Classification Services Unit within 90 calendar days of the referral, then the Classification Services Unit shall, no more than 10 business days after learning of the District Attorney's decision not to refer, or 90 calendar days after making the referral to the District Attorney described in subsection (a), whichever comes first, prepare a Cumulative Case Summary as described in subsection (b)(3)(D) of section 3076.1 and forward the request and the summary to the Secretary for consideration pursuant to subsection 3076(a).

(c) If the District Attorney elects to refer the incarcerated person to the sentencing court, then the matter shall be considered closed.

Cal. Code Regs. Tit. 15, § 3076.2

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(a), 3043 and 5054, Penal Code.

1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of subsections (a)(1), (a)(3)-(5) and (b)(2) transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section heading and section filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
7. Repealer and new section filed 12-10-2019 as an emergency; operative 1/1/2020 (Register 2019, No. 50). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2020 or emergency language will be repealed by operation of law on the following day.
8. Emergency filed 12-10-2019 and operative 1-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 37). A Certificate of Compliance must be transmitted to OAL by 10-9-2020 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section refiled 10-5-2020 as an emergency; operative 10/10/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 41). A Certificate of Compliance must be transmitted to OAL by 5-10-2021 or emergency language will be repealed by operation of law on the following day.
10. Repealer and new section refiled 5-6-2021 as an emergency; operative 5/11/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 19). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 12-7-2021 or emergency language will be repealed by operation of law on the following day.
11. Repeal of emergency regulation by operation of Government Code section 11346.1(g) and reinstatement of section as it existed prior to 12-10-2019 emergency repeal by operation of Government Code section 11346.1(f) (Register 2022, No. 3).
12. Editorial correction restoring section as it existed prior to 12-10-2019 emergency and amending HISTORY 11 (Register 2022, No. 12).
13. Repealer and new section heading and section and amendment of NOTE filed 8-11-2022; operative 10/1/2022 (Register 2022, No. 32).
14. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).